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THE COMMENWEALTH TRUST (INDIA)LIMITED versus THE INDUSTRIAL TRIBUNAL

High Court of Kerala

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THE COMMENWEALTH TRUST (INDIA)LIMITED v. THE INDUSTRIAL TRIBUNAL - WP(C) No. 39976 of 2003(H) [2006] RD-KL 3735 (18 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 39976 of 2003(H)

1. THE COMMENWEALTH TRUST (INDIA)LIMITED,
... Petitioner

Vs

1. THE INDUSTRIAL TRIBUNAL,
... Respondent

2. THE GENERAL SECRETARY,

3. THE CONVENOR, COCHIN COMMERCIAL

For Petitioner :SRI.U.K.RAMAKRISHNAN

For Respondent :COCHIN COMMERCIAL EMPLOYEES ASSN.

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :18/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No.39976 of 2003 Dated 18th December, 2006.

J U D G M E N T

Ext.P3 award passed by the Industrial Tribunal, Kozhikode in I.D.15/01 is under challenge. The issue referred for adjudication is "Whether the workers are eligible for wages for the lock out period from 1.11.1990 to 16.12.1990. If not, what relief they are entitled to?" The Tribunal passed the impugned award holding that the non-employment period is not the lock out period. The same amounts to wrongful denial of employment. I am afraid, the Tribunal has misdirected and exceeded in its jurisdiction. The Tribunal cannot go beyond the terms of reference. That being well-settled proposition, I quash Ext.P3 award. The matter is remitted to the first respondent Tribunal for passing a proper award within six months from the date of receipt of a copy of the judgment. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 18th December, 2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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